Alex is jogging on a sidewalk when Jamie, driving slightly above the speed limit, fails to notice Alex crossing the street at a designated crosswalk. Jamie swerves to avoid Alex but still hits him, resulting in injuries. Jamie argues that Alex was contributorily negligent for jaywalking slightly outside the crosswalk area. Under a jurisdiction that follows the last clear chance doctrine, which of the following is most likely true?
Alex can recover damages if he proves Jamie was grossly negligent.
Alex recovers damages because Jamie had the last clear chance to avoid the accident.
Alex's recovery is adjusted based on the percentage of his own negligence.
Alex does not recover damages because his contributory negligence bars recovery.
Under the last clear chance doctrine, even if the plaintiff was negligent, they can still recover damages if the defendant had the final opportunity to avoid the accident. In this scenario, Jamie had the last clear chance to prevent the collision by not speeding or being more attentive, thereby allowing Alex to recover damages despite his contributory negligence.
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